Moshfegh v. Swanston

II. Procedural Issues As an initial matter, the Court finds the Motions are all untimely filed and served. Notice of a motion to compel further discovery must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., Sec.Sec. 2030.300, subd. (c); 2031.310, subd. (c).) Here, Plaintiff states that TDI Properties served verified responses or responses and objections to the subject discovery on February 27, 2026. (Motions, Robinson Decls., P. 6.)

As such, the deadline to file notices of motions to compel further discovery was April 13, 2026. (Code Civ. Proc., Sec.Sec. 2030.300, subd. (c); 2031.310, subd. (c)). However, the instant Motions were all filed and served on May 11, 2026. As such, the Court finds Plaintiff has waived any right to compel a further response. (Code Civ. Proc., Sec.Sec. 2030.300, subd. (c); 2031.310, subd. (c).) Thus, the Motions are DENIED. III. Conclusion & Order For the foregoing reasons, Plaintiff Juan De La Torre's Motion to Compel Further Responses to Form Interrogatories, Set One, is DENIED.

Plaintiff Juan De La Torre's Motion to Compel Responses to Special Interrogatories, Set One, is DENIED. Plaintiff Juan De La Torre's Motion to Compel Further Responses to Request for Production of Documents and Things, Set One, is DENIED. Moving party is to give notice of ruling.

28, 2026 JUDGE /DEPT: Mkrtchyan/512 CASE NAME: Moshfegh v. Swanston COMPL. FILED: 04-28-26 CASE NUMBER: 26STCV13556 NOTICE: OK PROCEEDINGS: MOTION TO CONSOLIDATE MOVING PARTY: Plaintiff Kamyar Moshfegh RESP. PARTY: Defendant Orville Swanston MOTION TO CONSOLIDATE (CCP Sec. 1048)

TENTATIVE RULING: Plaintiff Kamyar Moshfegh's Motion to Consolidate is CONTINUED to Monday, September 28, 2026, at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse. At least 16 court days prior to the next scheduled hearing, Plaintiff is to file and serve a proper Notice of Motion in both cases sought to be consolidated. Moving party is ordered to give notice. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None filed as of August 26, 2026 [] Late [X] None REPLY: None filed as of August 26, 2026 [] Late [X] None ANALYSIS: I.

Background

On April 28, 2026, Plaintiff Kamyar Moshfegh ("Plaintiff") filed the instant action against Defendant Orville Swanston, as an individual and as Trustee of the Orville Swanston Trust, ("Defendant") and Does 1-25, alleging causes of action for Specific Performance for Breach of Contract to Sell Real Property; Damages for Breach of Contract; and Declaratory Relief. On May 14, 2026, Defendant filed an Answer. On May 11, 2026, a Notice of Related Case was filed in this action. On May 18, 2026, the Honorable Judge Mkrtchyan in Case No. 26STCV11926 ordered the instant action and Case No. 26STCV11926 related within the meaning of California Rules of Court, rule 3.300(a) and ordered Case No. 26STCV11926 to be the lead case. (5/18/26 Order.)

On July 28, 2026, Plaintiff filed the instant Motion to Consolidate (the "Motion"). That same day, Defendant filed a Notice of Non-Opposition to the Motion. No Opposition was filed. II.

Procedural Issues California Rules of Court, rule 3.350(a)(1) provides that a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated. (Cal. Rules of Court, rule 3.350(a)(1).) Here, the Notice of Motion is not filed in each case sought to be consolidated as required by California Rules of Court, rule 3.350(a)(1)(C) - namely, the Notice of Motion is only filed in the instant action and not in lead Case No. 26STCV11926.

Further, the Court notes the Notice of Motion does not contain all the details outlined in California Rules of Court, rule 3.350(a)(1)(A)-(B). Thus, the Motion is CONTINUED to allow Plaintiff an opportunity to file and serve a proper Notice of Motion in both cases sought to be consolidated. III. Conclusion & Order Plaintiff Kamyar Moshfegh's Motion to Consolidate is CONTINUED to Monday, September 28, 2026, at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse. At least 16 court days prior to the next scheduled hearing, Plaintiff is to file and serve a proper Notice of Motion in both cases sought to be consolidated.

Moving party is ordered to give notice. | Home -->)" -->